Letter to
Ministry of Transport re: Tseycum Burial Grounds

For some time we followed press reports as to the state of negotiations
between the federal government and the Tseycum First Nation arising out of the
use of certain of their lands as airport lands and the issue of how to deal with
paving over of First Nations burial sites for airport purposes.

It goes with out saying that the Aboriginal Rights Coalition find it utterly
unacceptable that burial sites could have been paved over in the first place,
particularly, in light of the teachings of the First Nations respecting
non-disturbance of bones and the implications for the spirits in the after-life
were this, unfortunately, to take place.

Under the circumstances with the airport already in place, perhaps
appropriate removal of bones is the only alternative, conditional upon a
satisfactory show of regret for the sacrilege already done. This should clearly
include in our view, not only an apology, as would be expected in any industrial
or commercial encroachment on burial grounds, but a reconciliatory offer of
other appropriate lands in compensation for Tseycum lands taken over by the
airport for use by the Department of Transport.

Canadians are by now well aware that the First Nations have aboriginal title
to their traditional homelands and that such lands, if taken without consent are
subject to full and fair compensation. As you know this aspect of aboriginal
title was made clear in Delgamuukw over two years ago.

Accordingly, it seems to us that a negotiated settlement of the Tseycum claim
should include offers of an apology for federal taking and continued using of
the Tseycum lands without full consultation and consent, and an offer of other
lands by way of compensation, or, perhaps, an offer of jointly held title to the
airport lands with an agreement as to shared use and management of the lands,
including shared revenue and job opportunities.

It is extremely disappointing to read press accounts that seem to indicate
that the federal government is stalling on recognition of aboriginal title and
fully compensating aboriginal people for Crown trespass on aboriginal lands. The
seeming indifference that led to the paving over of aboriginal burial grounds
only adds to the inference that the federal government does not truly respect
aboriginal rights.

Since the airport carries on a business on the expropriated lands of the
Tseycum, on land the Tseycum can no longer hope to use for their own economic
developments, would it not be appropriate that the Department secure an
arrangement permitting any First Nations employees at the airport to work on a
tax free basis? Quite clearly, had the business been operating on Tseycum lands
the employees would have had the tax benefit; why should it be lost because of
the federal expropriation? This federal action had as its natural consequence,
dispossession of the Tseycum and a denial to them of opportunities at some
future time to be employed on those lands, as Tseycum lands, without obligation
to pay federal taxes on the income earned?

Mr. Langan can be reached by phone at (604) 666-2387; fax (604) 666-2961